In early March, Jordan Nunes joined the Santa Clara County Association of REALTORS® (SCCAOR) as their new Government Affairs Coordinator. Nunes has been working under our Government Affairs Manager, Tim Beaubien, to help promote the political needs of our members and to help protect the rights of private property owners.

“I’m really excited to be a part of the SCCAOR team,” said Nunes. “I’ve been using my past experience to help create relationships with our members and local community leaders.”

Jordan attended Santa Clara University where he studied Political Science with an emphasis in Law and Social Justice. He then completed his Juris Doctorate at the Santa Clara University School of Law. During his time in law school he completed the Panetta Institute Fellowship where he was mentored for a semester by Secretary of Defence Leon Panetta.

“My time in law school really helped me learn how to synthesize complex information into digestible bites,” he said. “During the last few months I have done a lot of research on the shelter in place orders and other information from local and state governments. It feels great to be able to help our members by summarizing this important information in our Government Affairs newsletter and on our Transaction Resource Page.”

Jordan also has experience on Capitol Hill. He was a Senior Congressional Intern for Congressman Mike Honda, working in both the Capitol Hill and the District Office. He created and managed community outreach projects, managed issues between constituents and federal agencies, and also prepared memoranda for staff on Congressional briefings, committee hearings, and policy issues.

Tim Beaubien, SCCAOR’s Government Affairs Manager, said that Jordan has been an excellent addition to the Government Affairs team.

“He has a strong background in Silicon Valley politics through involvement on issues in his hometown of Santa Clara and previous work experience with Bay Area elected officials,” said Beaubien. “His background in campaigning and legal expertise has helped boost our SCCAOR advocacy efforts and also helped us continue to fight for REALTOR® Party values.”

In his free time, Jordan enjoys swimming and traveling. When he was in high school he completed a study abroad program in Japan, where he lived with a host family while attending school. 

“Traveling has really opened my eyes to the different cultures and experiences around the world,” he said. “I look forward to being able to travel again once we get past the current COVID-19 Crisis. I’d really love to go back to the Caribbean.”

Here at SCCAOR we are profoundly shocked and saddened by the death of George Floyd. Our deepest sympathies are with the Floyd family and countless others who share this pain and grief.

The Santa Clara County Association of REALTORS® strives to create an inclusive environment that represents our members and our community in Santa Clara County. We are an organization whose members and their clients are made up of an incredibly diverse group of people. We must strongly denounce any statements or expressions made that aim to divide our community and nation. Peaceful protesting is an American right, but we also cannot support those that want to do harm to our communities, especially during these difficult times when small businesses need our support more than ever. Vandalism, theft and violence is never acceptable behavior. We need to pull together and support our communities.

SCCAOR members and all REALTORS® nationwide abide by a strict code of ethics that calls on us to respect all individuals and to not discriminate based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. REALTORS® have consistently been and will continue to be champions and a voice for fair housing and equality. We must never forget this and the importance of equality and opportunity for all in housing and life.

We truly appreciate everything that our members do for this community. Thank you for continuing to promote equality and inclusion as you go about your work. Let’s keep the dialogue open as we try our best to work together towards creating a better life for our community, a better life for our clients, a better life for our families, and a better life for ourselves.

Sincerely,

Sandy Jamison
SCCAOR President

Last Updated 5/11/2020

Representing buyers? Follow these 12 steps to ensure a smooth process during Shelter in Place.

1) Business Development/Prospecting
First, reach out to your sphere of influence. Be sure to show empathy and care. You are there for them, and not just for real estate. You can still market digitally, by direct mail, or via phone, text or email. Become the COVID-19 market expert.

2) Initial Consultation
Can be done virtually, via Zoom, Google Meet, WebEx, Facetime etc. It’s good to be familiar with multiple platforms so you can communicate with your client in their preferred format. This is a great opportunity to build rapport with the client. Determine needs and wants. Provide an overview of the process and market conditions.

3) Loan Pre-Approval
Can be done virtually, ask a lender to get a COMPLETE underwritten approval. This takes longer but is well worth the effort. Update your prequalifications on a more frequent basis during the COVID-19 pandemic.

4) Home Shopping
Virtual Showings only unless a virtual showing is not feasible, then you may hold a private showing with no more than two people at a time that are sheltering in the same household. If occupied, all occupants must leave the property before it can be shown. Buyer Agents and the Buyers should each sign the C.A.R. Form PEAD (Property Viewing Advisory Disclosure) for each property they are showing and send a copy of the signed forms to the Listing Agent on the date of the showing.

5) Make an Offer
Offers can be submitted virtually. Agents can present via Zoom, etc. Negotiate with the SIP in mind. Discuss timelines with the lender to understand what can and can’t be done.

6) Open Escrow
Escrow officer will order a Preliminary Title Report and send copies to both parties. Buyer funds are deposited into an escrow account.

7) Inspections and Property Condition Review
Review seller disclosures and complete your own set of inspections: property, roof, pest, etc.

8) Loan Underwriting and Appraisal
Underwriter reviews files and appraisals are ordered. Some lenders are using desktop or external view appraisals while in SIP.

9) Remove Contingencies
After property inspections and loan documentation confirmation are approved, contingencies are removed.

10) Final Review
During SIP, you should make every effort to do this virtually. If you are not able to do it virtually, you are allowed to do a final walkthrough with two people at a time that are sheltering in the same household at a time when the occupant is not present in the residence.

11) Sign Off and Loan Funding
Virtually sign off documents. Check with your lender if an out of state e-notary would be acceptable.

12) Record/Transfer Title and Close Escrow
Deed will be e-recorded in Santa Clara County. Expect some delays in processing.

 

Have a listing? Check out our 8 Simple Steps for Listing During Shelter in Place.

We also recommend visiting our Transaction Resource Center to stay up-to-date with all the latest news that is affecting your business.

Last Updated 5/11/2020

Although the current Shelter in Place order in Santa Clara County has made completing a real estate transaction more challenging, there are still deals occurring. The steps involved in these deals have just changed.  Here are 8 steps to follow when listing a property.

1) Business Development/Prospecting
First, reach out to your past clients and sphere of influence. Be sure to show empathy and care. You are there for them, and not just for real estate. You can still market digitally, by direct mail, or via phone, text or email. Many will want to know how the real estate market is doing, whether it is a good time to buy or sell, and how this pandemic is affecting real estate values. Study the market statistics and be prepared to provide factual information.

2) Listing Appointment
Can be done virtually, via Zoom, Google Meet, WebEx, Facetime etc. Make your presentation just as you normally would, share your screen or email your presentation to them.

3) Property Preparation
Discuss with your sellers about decluttering. Consider having your listing virtually staged. As of May 4, traditional stagers are allowed to operate in Santa Clara County.

4) Property Marketing
Yard signs may not include fliers. There are no in-person Open Houses under any circumstances. Virtual Open Houses are permitted and MLSListings has provided a new category to promote your Virtual Open House. Record a virtual walkthrough with the seller. Have the seller record with their phone while you ask them questions about their home. No one shows a home better and can emphasize features better than the seller! A single photographer or videographer is permitted to visit the property once to take photographs and/or video. This should be done at a time when the occupant is not present in the residence.

5) Showings
Showings should be done virtually if at all possible. If you have a qualified buyer that wants to see a house, and a virtual showing is not feasible, then you may hold a private showing with no more than two people at a time that are sheltering in the same household. If occupied, all occupants must leave the property before it can be shown. All showings should be by Appointment Only to control access. If the Listing Agent is not the one providing access, the SUPRA lockbox should be used with the CBS (call before showing) feature and is recommended to control access. Buyer Agents and the Buyers should each sign the C.A.R. Form PEAD (Property Viewing Advisory Disclosure) for each property they are showing and send a copy of the signed forms to the Listing Agent on the date of the showing.

6) Offers and Negotiation
Offers can be submitted electronically. Agents can present offers via Zoom etc. Negotiate for timelines with the SIP in mind. Discuss timelines with the lender to understand what can and can’t be done.

7) Under Contract
Monitor your timelines. If issues arise then compete the appropriate C.A.R. Forms.

8) Close
Title and Escrow companies are Essential Services and closings and recordings are still taking place, but on a more limited schedule. Notaries are working to sign off clients.

 

Representing buyers? Check out our 12 Simple Steps to Represent Buyers During Shelter in Place.

We also recommend visiting our Transaction Resource Center to stay up-to-date with all the latest news that is affecting your business.

On May 7th the SCCAOR Advocacy team was able to establish that in Santa Clara County, property staging is now allowed to enable a real estate transaction. Staging companies have been deemed a “service provider that enable real estate transactions.” The same guidelines previously released for photographers, inspectors, and appraisers applies for staging companies as well. Service professionals are allowed to enter the residence alone, when the residents and listing agent are not present.

This new classification for staging companies has been confirmed with the County of Santa Clara Legal Department.

The official language of the new Shelter in Place Ordinance is included below.

“Commercial as well as residential real estate transactions are allowed to fully resume, but with continued restrictions on in-person viewings and appointments.

Service providers that enable real estate transactions (including rentals, leases, and home sales), including, but not limited to, real estate agents, escrow agents, notaries, and title companies, provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in person visits are not allowed when the occupant is present in the residence)”

Open houses are still not permitted under any circumstances. Private showings need to be scheduled by appointment and are permitted if a virtual tour is not feasible.

You can read the full updated Shelter in Place Order on the County’s website.

On April 15, 2020, the MLSListings Board of Directors adopted the California Association of REALTORS® (C.A.R.) model rule changes to implement the National Association of REALTORS® (NAR)-mandated MLS policy changes known as “Clear Cooperation” (i.e., Policy Statement 8).

Clear Cooperation Policy (CCP) rule enforcement begins on May 1, 2020.

Under the new rule, brokers and agents are still able to take an “office exclusive” listing. If so, they must still submit the signed form to the MLS or use the online exclusion feature in lieu of listing.

However, once a listing is excluded under the new rule, an agent can only promote the listing for sale within their own brokerage. If they promote, communicate, or advertise it in any way outside of their brokerage, they must add it to the MLS in Active status within one business day.

  • This rule only applies to “excluded” or “exclusive” or “waivered” listings
  • Listings entered as Coming Soon on the MLS may only be advertised as Coming Soon off the MLS
  • MLSListings’ Compliance will provide a courtesy warning for a period of time. Fine amount is $500.00 for the first instance but will continue to escalate until the violation is cured and the listing is added. Fines for Showing violations have increased to $500.00 and are effective immediately.

Here are some great resources to help you understand the CCP:

If you have any questions about CCP, please contact the MLSListings Compliance department at 408-874-0200 (option #5) or via email at compliance@mlslistings.com.

SCCAOR and SILVAR worked collaboratively to clarify language in the County Shelter in Place Ordinance surrounding private showings. Previously private showings and walk-throughs were not allowed when an occupant was living in the residence. We are pleased to announce the County Shelter in Place Ordinance has been amended to read as follows:

Service providers that enable real estate transactions (including rentals, leases, and home sales), including, but not limited to, real estate agents, escrow agents, notaries, and title companies, provided that appointments and other real estate viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in-person visits are not allowed when an occupant is present in a residence

With this language change, private showings and walk-throughs can now occur on properties when the occupant has left the residence.

These new guidelines shall become effective at 11:59 p.m. on May 3, 2020 and will continue to be in effect until 11:59 p.m. on May 31, 2020.

The same protocol applies for photographers, appraisers and inspectors entering the property.

You can read the full updated Shelter in Place Order on the County’s website.

REALTORS® can now apply for Pandemic Unemployment Assistance (PUA) through the California Employment Development Department (EDD). Here are three tips from SCCAOR Member Richard Calhoun who applied successfully on Tuesday, April 28th:

1) Hand type in all entries. Text that is copied and pasted might get rejected in many of the sections of the application.

2) REALTORS® type of work is “Salespersons”. It appears that the capital “S” and the “s” at the end of the word are both required to avoid an error message.

3) For Annual Income, do not use “$” or any commas.  You do need to include the decimal point and cents.

This whole process should take about 20 minutes to complete.

The fastest way to apply for benefits is through the  “UI Online” website.

You can also apply for PUA by phone, mail, or fax. Click here to learn more

Learn more about the Pandemic Unemployment Assistance on the EDD website

It is with profound sadness that we inform you of the passing of Tracey Lee, our Membership Manager. She passed away unexpectedly on Wednesday, April 8.

Tracey joined SCCAOR on January 21, 2000, and has been a valued member of our Association and the real estate community for the past 20 years. Her positive energy and smile were her trademark. Tracey was an incredibly giving person, always willing to go the extra mile to help our members. Even in her last acts, as an organ donor, she will be helping many other lives.

Please keep Tracey’s family in your thoughts and prayers as they go through this difficult time. If you would like to send a card to Tracey’s family, you can mail it to SCCAOR and we will forward it to her family. Our mailing address is 1651 North 1st St. San Jose, CA 95112.

All REALTORS® and affiliates that will be operating as an Essential Business during Shelter-in-place needs to prepare a “Social Distancing Protocol” for each property in Santa Clara County that will be listed or have any projects completed at it. It is not required that the protocol is posted on each property, but it is encouraged. All listing agents and service professionals entering the property should keep a completed Social Distancing Protocol on their person.

Remember: You may not host an open house. All showings should be done virtually if at all possible.

If a private showing must occur:

  • Only a single REALTOR® and a maximum of two others from the same household can be in the house at any time. The occupants of residence must not be present before any private showing can occur.
  • Please download a copy of the Social Distancing Protocol form by clicking the button below.
  • A copy of this form should also be provided to each employee performing work at the facility.  All Essential Businesses shall implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand.

 

C.A.R.’s Best Practice Guidelines are a good benchmark to practice safe real estate transactions. However, it is important to remember that the County Ordinance is stricter in certain areas and takes precedence. You can view a copy of the full Ordinance on the County’s website.

This video gives an overview of the form as it pertains to REALTORS®: